New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-07
THE OIL CONSPIRACY CASE.
WHAT MILLER TOLD LAWYER TRUEsDALE.
DECLARING THAT HIRAM EVEREST SUGGESTED IN
JURY TO THE BUFFALO CoMPANY's MACHINERY
HIRAM EvEREsT's TESTIMONY.
my A THE
fBr TELEGRAPH TO THE TR


tBr TELEGRAPH TO THE TRIBUSE.I
BUFFALO, May 6-Judge Haight, In the oil conspiracy
trial to-day, had to pass judgment point of law
which OF considerable Importance to the defendants
The question whether exJudge George Truesdae, OF
Rochester could tell the secrets impaired to him by Al
bertMer the principal witness for the prosecution, and
the defendant, Hiram Everest. Lawyer Truesdale was
placed upon the stand and the usual preliminary qes-
tons were asked him. DstrictAttorney Quimby argued
that Everest not client of the lawyer and that
Miller who had been had waived his rights. Lawyer
Cogswe for the defence, claimed that Everest was
client, and that the code made the interview between
them privileged communication The examination
suspended until the Judge should decide the point
When he had fully considered the matter he said:
In so far as the claim is presented that this evidence
Is not privileged because 1t given to suppress some
crime, think he has right 20 give the conversation
Any advice given after a crime had been committed
| would be privileged communication, but not so any
advice where an individual might ask In what way or
manner crime could be committed for then the lawyer
would he consprator man may ask an attorney FOR
Mr.. Everest appears TO have testified that he did not
employ Mr.. Trtesdac, so that he was not a client.
Mr.. Truesdale in giving his testimony, stated that
Everest said that Miller had left bis employ and got
engagement with oil concern in Buffalo. He desired
to return and Everest wanted him back Mr. Truesdalc
continued:
Miller had made statements to me about his contract
with the Buffalo company My advice was for him TO get
released III he entered into contract and violated II,
then he would be liable for damages Everest said that
there other Miller 10 get out. lie SAID:
Suppose he should arrange the machinery so IL would
| burst smash what would be the consequences L
fS% wcnd Id"i be tSl ey % S ba %n Gonc tRer
would be criminal liability. Everest said he thought
up the law. At subsequent interview said that such
course would lay Miller liable crminally as well as
any who cOunsced him Ia do IT, and II they pursued
states Prison Evcrst said: such things viii have to
he found out before they can he punished replied
| that 1t would be wrong and hazardous"
The DisrlctAtorncy introduced as evidence deposit
tion made by Hiram Everest in the suit of the Buffalo
Iubrcatng oil Company against the Messrs. Everest.
| The following Is a summary Of the examination;
/ moved to Denver in March, 1879, from Rochester.
was ne of the chief promoters and organizers OF the
1866 and hal tie principal management OF the
until | left Rochester. Matthew'S wilson ana Miller
worked for the company Mr. Ma'eWss Ma ,l s
His first work 10 take leases OF land in wyoming,
tory He had charge OF some salt experiments In 1870
Matthews had edited aud published paper. We lost
in patent suit for us ON March TO- 1881, Matthews
and Miller left the Vacuum company | returned to
| Rochester on Nav 20. Part OF the Vacuum stock was
transferred In 1879 to the Standard OH Trust not tne
STANDARD OH Company 40 not know dSr en To aSo
continued as president OF the company
o. the whole 'toGE ws M Wc9regor arc dTeetors They
hold the stock for the standard Trust NY son Is man
| ager and am the nominal Head II would be damaging
To- us TO have Miller with hs knowledge OF process,
90 n rival company. regarded Miller as NaluaDe
amount 10 keep him from going TO any rival company
When I saw MIIler asked him II they building
! n vacuum STILL and got all the Information |
could IL the Buffalo company was Infringing on
our patents Miller suggested coming again. ana iod
him to come when he could stay longer lie was Willing
20 leave the Matthews concern II he could avoid Liability
by getting his property in shape; knew that he was
| going Ia an attorney | went with him 10 see Lawyer
rruc-dale I told him that Miller wanted to transact
some business met Miller in Ncw-lOrk, ana
saw the telegram he sent Buffalo 10 bis wife To move
on July t. We went tO Boston together. lreglstered
| Hiram Everest and friend | did not care To nave
Matthews lind him. | preferred having Miller rather
than other oil works. There was nothing peculiar
about H. except that Miller worked in Boston and his pay
came from Rochester lie 10 get ~ 300 year and
| work in the store. The Vacuum brought possibly nye
men from our works. We We're nor WORKING 1 Ir @ eno
Buffalo company thought they would nave haII uul'
because they did not understand the business wen anu
there was considerable cOmpcuuOn Inc reason 'Hti
was not nut AT the oil works because we had no con-
! ndcnce in man who had betrayed us once - ,,,,
The deposition gave details or the interviews Aliier
had With Everest I'm which the attcrsought To snow ht
Miller was anxious Ia return 10 thc vacuum couIau5
The reading continually interrupted by objections OF
counsel Questions as to the salary OF hin
were offered the question OF motive, but Judge Halgt
excluded them. Other evidence WIS offered ABOUT thc
sale of OF the stock OF the vacuum Everest
said tho Standard Trust got IT, ana All OF the STOCK
| He did not know the relations OF McSsrs AIchp9l,
Mc(rcgor and Rogers 10 the standard on Company oul
understood that the former was member OI the olah-
| O-You undertook 10 stop the formation or the
Buffalo partnership and keep the three men IN your en-
ploy A-NO sir | undertook Ia retain Miller III our
rm1ov did not undertake tO retain the other two.
Q.-Mr Miller the only man you cared 70 retain
AEWell Mr. Miller was tho one who uhdefstood our
methods and To have him go To them or to any Other
corporation and give away our processes ana SNOW oner
people bow 90 make goods would DC daihgihB 10 s,
and he had given no notice of leaving thought IL
no more than my duty TO the company 10 use c'ei3 eo
reasonable to prevent him from leaving. =, -,
The only other witness to-day was CharIes bcaiuslc!'
| who testified to nothing Important